Notices. Notice of intent

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BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Billings County, ND AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of intent. SUMMARY: The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for a proposed roadway project and river crossing over the Little Missouri River in Billings County, North Dakota. FOR FURTHER INFORMATION CONTACT: Mark Schrader, Environment and Right-of-Way Engineer, Federal Highway Administration, 1471 Interstate Loop, Bismarck, North Dakota 58503, Telephone:

(701)250-4343 Extension 111. Blane Hoesel, Local Government, North Dakota Department of Transportation, 608 E. Boulevard Avenue, Bismarck, North Dakota 58505-0700, Telephone:

(701)328-3482. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the North Dakota Department of Transportation and Billings County, will prepare an environmental impact statement

(EIS)on a proposal to provide a roadway by either upgrading and/or new construction to a proposed river crossing over the Little Missouri River in Billings County, North Dakota. The proposed project would be located between the northern border of the Billings County line, the western border of ND Highway 16, the eastern border of U.S. Highway 85, and the southern border of the Theodore Roosevelt National Park. The proposed project in the corridor is considered necessary to provide for system linkage between ND Highway 16 and U.S. Highway 85 and for a variety of socioeconomic demands, such as emergency management services, industry, agriculture, and recreation. Alternatives under consideration include:

(1)Taking no action;

(2)construction of a river crossing structure: bridge, low-water crossing, or box culvert;

(3)different roadway alignments to the river crossing, including upgrading and/or constructing roadways to meet NDDOT guidelines/standards. Letters describing the proposed action and soliciting comments will be sent to appropriate Federal, State, and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. A series of public meetings will be held between October 2006 and March 2007. In addition, a public hearing will be held. Public notice will be given of the time and place of the meetings and hearing. The Draft EIS will be available for public and agency review and comment prior to the public hearing. Formal scoping meetings will be held for the agencies and the public. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments, and suggestions are invited from all interested parties. Comments or questions concerning this proposed action and the EIS should be directed to the FHWA at the address provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program). Issued on: October 5, 2006. Allen R. Radliff, Division Administrator, Federal Highway Administration. [FR Doc. E6-16887 Filed 10-11-06; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Proposed Agency Information Collection Activities; Comment Request AGENCY: Federal Railroad Administration, DOT. ACTION: Notice and request for comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), this notice announces that the Information Collection Requirements

(ICRs)abstracted below have been forwarded to the Office of Management and Budget

(OMB)for review and comment. The ICRs describe the nature of the information collection and its expected burden. The **Federal Register** notice with a 60-day comment period soliciting comments on the following collections of information was published on August 2, 2006 (71 FR 43837). DATES: Comments must be submitted on or before November 13, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 17, Washington, DC 20590 (telephone:

(202)493-6292), or Gina Christodoulou, Office of Financial Management, RAD-43, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 35, Washington, DC 20590 (telephone:

(202)493-6139). (These telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13, § 2, 109 Stat. 163

(1995)(codified as revised at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On August 2, 2006, FRA published a 60-day notice in the **Federal Register** soliciting comment on ICRs that the agency was seeking OMB approval. 71 FR 43837. FRA received no comments in response to this notice. Before OMB decides whether to approve this proposed collection of information, it must provide 30 days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30 day notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); *see also* 60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c); *see also* 60 FR 44983, Aug. 29, 1995. The summary below describes the nature of the information collection requirements

(ICRs)and the expected burden. The revised requirements are being submitted for clearance by OMB as required by the PRA. *Title:* Inspection Brake System Safety Standards For Freight and Other Non-Passenger Trains and Equipment (Power Brakes and Drawbars). *OMB Control Number:* 2130-0008. *Type of Request:* Extension of a currently approved collection. *Affected Public:* Businesses. *Form(s):* N/A. *Abstract:* Section 7 of the Rail Safety Enforcement and Review Act of 1992, Public Law No. 102-365, amended Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 421, 431 *et seq.* ), empowered the Secretary of Transportation to conduct a review of the Department's rules with respect to railroad power brakes and, where applicable, prescribe standards regarding dynamic brake equipment. In keeping with the Secretary's mandate and the authority delegated from him to the FRA Administrator, FRA published a comprehensive regulatory revision of the then current requirements related to the inspection, testing, and maintenance of the brake equipment used in freight car operations. The Final Rule focused solely on freight and other non-passenger trains, and codified and solidified the maintenance requirements related to the power brake system and its components. The collection of information is used by FRA to monitor and enforce safety requirements related to power brakes on freight cars. The collection of information is also used by locomotive engineers and road crews to verify that the terminal air brake test has been performed in a satisfactory manner. *Annual Estimated Burden Hours:* 844,452. ADDRESSES: Send comments regarding these information collections to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., Washington, DC 20503; *Attention:* FRA Desk Officer. *Comments are invited on the following:* Whether the proposed collections of information are necessary for the proper performance of the functions of FRA, including whether the information will have practical utility; the accuracy of FRA's estimates of the burden of the proposed information collections; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collections of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this notice in the **Federal Register** . Authority: 44 U.S.C. 3501-3520. Issued in Washington, DC on October 5, 2006. D.J. Stadtler, Director, Office of Budget, Federal Railroad Administration. [FR Doc. E6-16835 Filed 10-11-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Maritime Administration Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review AGENCY: Maritime Administration, DOT. ACTION: Notice and request for comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget

(OMB)for review and approval. The nature of the information collection is described as well as its expected burden. The **Federal Register** Notice with a 60-day comment period soliciting comments on the following collection of information was published on July 27, 2006. No comments were received. DATES: Comments must be submitted on or before November 13, 2006. FOR FURTHER INFORMATION CONTACT: Michael H. Franklin, Maritime Administration, 400 7th Street SW., Washington, DC 20590. Telephone: 202-366-2628; FAX: 202-366-3954; or e-mail: *michael.franklin@dot.gov.* Copies of this collection also can be obtained from that office. SUPPLEMENTARY INFORMATION: Maritime Administration (MARAD). *Title:* Automated Mutual-Assistance Vessel Rescue System (AMVER). *OMB Control Number:* 2133-0025. *Type of Request:* Extension of currently approved collection. *Affected Public:* U.S.-flag and U.S. citizen-owned vessels that are required to respond under current statute and regulation. *Forms:* None. *Abstract:* This collection of information is used to gather information regarding the location of U.S.-flag vessels and certain other U.S. citizen-owned vessels for the purpose of search and rescue in the saving of lives at sea and for the marshalling of ships for national defense and safety purposes. This collection consists of vessels that transmit their positions through various electronic means. *Annual Estimated Burden Hours:* 2,342 hours. ADDRESSES: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention MARAD Desk Officer. *Comments are Invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication. (Authority: 49 CFR 1.66) Issued in Washington, DC, on October 5, 2006. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. E6-16906 Filed 10-11-06; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2006-25981; Notice 1] Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Michelin North America, Inc. (Michelin) has determined that certain tires that it imported in 2005 and 2006 do not comply with S6.5(d) of 49 CFR 571.119, Federal Motor Vehicle Safety Standard (FMVSS) No. 119, “New pneumatic tires for vehicles other than passenger cars.” Michelin has filed an appropriate report pursuant to 49 CFR part 573, “Defect and Noncompliance Reports.” Pursuant to 49 U.S.C. 30118(d) and 30120(h), Michelin has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Michelin's petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are a total of approximately 6,189 11R24.5 Load Range H BFGoodrich DR444 tires produced between November 20, 2005 and July 22, 2006. S6.5(d) of FMVSS No. 119 requires that each tire shall be marked on each sidewall with “[t]he maximum load rating and corresponding inflation pressure of the tire * * *.” The sidewall labeling on the subject tires incorrectly states the maximum dual load carrying capacity. They are incorrectly marked “Max load dual 3075 kg (6780 lbs) at 830 kPa (120 psi).” They should have been marked “Max load dual 3000 kg (6610 lbs) at 830 kPa (120 psi).” The tires are correctly marked for the maximum single load carrying capacity. Michelin has corrected the problem that caused these errors so that they will not be repeated in future production. Michelin believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Michelin states, When both single and dual loads are marked on the tire (as is the case here), FMVSS No. 119 requires that performance compliance testing be done based on the single (higher, more punishing) tire load. Therefore, an incorrect maximum dual load marking is inconsequential and [the] tire meets all FMVSS No. 119 minimum performance requirements. Michelin cites NHTSA's grant of a previous inconsequential noncompliance petition it submitted for a similar maximum dual load noncompliance (69 FR 62512), where NHTSA stated, The agency also agrees that safety will not be compromised for the tires marked with the incorrect “max load dual” since the more severe “max load single” load is marked correctly. In addition, these tires meet or exceed all of the performance requirements of FMVSS No. 119, and all other informational markings as required by FMVSS No. 119 are present. Michelin says that the tires meet or exceed all other FMVSS No. 119 requirements. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at *http://dms.dot.gov.* Click on “Help” to obtain instructions for filing the document electronically. Comments may be faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking Portal: Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the **Federal Register** pursuant to the authority indicated below. *Comment closing date:* November 13, 2006. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: October 5, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6-16836 Filed 10-11-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Notice of Delays in Processing Special Permit Applications AGENCY: Pipeline and Hazardous Materials Safety Administration, DOT. ACTION: List of Application Delayed more than 180 days. SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. FOR FURTHER INFORMATION CONTACT: Ann Mazzullo, Office of Hazardous Materials Special Permits and Approvals, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001,

(202)366-4535. SUPPLEMENTARY INFORMATION: Key to “Reason for Delay” 1. Awaiting additional information from applicant. 2. Extensive public comment under review. 3. Application is technically complex and is of significant impact or precedent-setting and requires extensive analysis. 4. Staff review delayed by other priority issues or volume of special permit applications. Meaning of Application Number Suffixes N—New application. M—Modification request. X—Renewal. PM—Party to application with modification request. Issued in Washington, DC, on October 5, 2006. R. Ryan Posten, Chief, Special Permits Program, Office of Hazardous Materials Safety, Special Permits & Approvals. Application number Applicant Reason for delay Estimated date of completion New Special Permit Applications 14229-N Senex Explosives, Inc., Cuddy, PA 4 11-30-2006 14239-N Marlin Gas Transport, Inc., Odessa, FL 1 11-30-2006 14237-N Advanced Technology Materials, Inc., (ATMI), Danbury, CT 1 12-31-2006 14257-N Origin Energy American Samoa, Inc., Pago Pago, AS 4 11-30-2006 14285-N INO Therapeutics LLC, Port Allen, LA 4 11-30-2006 14318-N Lockheed Martin Technical Operations, Vandenberg AFB, CA 4 12-31-2006 14314-N North American Automotive Hazmat Action Committee 4 11-30-2006 14310-N Praxair, Danbury, CT 4 10-31-2006 14316-N VOTG North America, Inc., West Chester, PA 4 12-31-2006 14341-N Baker Petrolite, Sugar Land, TX 4 10-31-2006 14337-N NKCF Co., Ltd. Jisa-Dong, Kangseo-Gu Busan 4 11-30-2006 14343-N Valero St. Charles, Norco, LA 4 10-31-2006 14330-N Chemical & Metal Industries Inc. Hudson, CO 4 12-31-2006 14298-N Air Products and Chemicals, Inc., Allentown, PA 4 10-31-2006 14266-N NCF Industries, Inc. Santa Maria, CA 3 11-30-2006 14277-N Ascus Technologies, Ltd., Cleveland, OH 3, 4 12-31-2006 Modification to Special Permits 12677-M Austin Powder Illinois Company, Cleveland, OH 1 10-31-2006 5749-M E.I. DuPont de Nemours, Wilmington, DE 4 12-31-2006 12277-M Indian Sugar and General Engineering Corporation, Haryana 4 12-31-2006 10481-M M-1 Engineering Limited, Bradfrod, West Yorkshire 4 12-31-2006 11202-M Newport News Shipbuilding and Dry Dock Company (NNS), Newport News, VA 4 10-31-2006 [FR Doc. 06-8613 Filed 10-11-06; 8:45 am]

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